BOC denies Mighty motion to lift suspension of accreditation
The Bureau of Customs (BOC) denied on Tuesday the urgent motion filed by Mighty Corp. (MC) seeking ot have suspension of accreditation lifted
In his three-page order, Customs Commissioner Nicanor Faeldon said, however, that MC could still file a motion for reconsideration.
Alvin Ebreao, executive director of the Bureau’s Action Team Against Smugglers (BATAS) and BOC Legal Service Division chief, issued a statement on Tuesday, saying: “Despite lobbying efforts and recommendations by several groups and personalities, the Bureau’s Action Team Against Smugglers or BATAS and the Legal Service Division as per review and hearing of the urgent motion to lift accreditation filed by Mighty Corporation, the team resolved to DENY the urgent motion of reconsideration and was duly concurred by Commissioner Faeldon.”
In its ruling, the BOC agreed with lawyer Danilo Campos Jr., prosecutor for the government who opposed the motion.
Campos argued that, while MC offered to pay the rightful duties and taxes for the subject shipments, aside from posting of a bond, it failed to present supporting documents that will enable the government to identify and examine the shipments, particularly the bills of lading.
Campos stressed that the documents were vital to the interest of the government.
He also emphasized the purpose of preventive suspension, – which is to prevent and suppress smuggling.
“This Office is even at loss as to where or what port/ports these shipments are now stored or pending,” the order said. “Without said BLs, this bureau will not be able to identify which shipments arrived or were contracted to be shipped prior to the issuance of preventive suspension.”
The accreditation of MC was suspended last March 14, while the case was pending hearing on whether or not the accreditation could be suspended.
In its urgent motion, MC asked for the temporary lifting of the suspension of its importer’s accreditation as far as only those shipments that had arrived before the suspension and those that were in transit.
It argued that the shipments would deteriorate, causing inestimable damages and would severely affect thousands of employees and their families.
It offered to pay taxes and duties due on the shipments and to post a bond to cover any damage to the bureau.
The estimated duties and taxes if allowed processing by BOC would total P46,330,939. The company also incurred storage and demurrage charges of more than P400,000.
MC claimed that no injury would be caused to the government as duties and taxes would be paid and any damages maybe collected on the bond to be posted.
It added that the government’s interest would probably not be prejudiced as BOC had adequate mechanisms to ensure that the release complies with relevant laws.
The BOC clarified that the resolution of the instant case does not cover the main case itself.
“This is only an interlocutory order,” the BOC said. “This does not apply to shipments that arrived or were contracted for transit after MC’s receipt of Notice of Suspension.” /atm
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